Can a minor choose to live with a step parent over the biological parent?

[kb22]

I have an ex husband of years now that is going to federal prison for money crimes and will be going soon. He currently is re-married and our children reside only with him because he lives in the school district where they attend. I live only 5 minutes away just outside the school district. Because this is a federal crime involving a massive money scam, he has a federal civil judgement against him. He is to vacate the house he resides in with our children and his wife (step mom) so it can go up for auction to help pay back all of his victims that he stole money from.

I am planning on having my children come live with me as he will be off to prison in a few months and the house they live in will be auctioned off. He is saying that our 16 year old wants to live where the step mom will live when he goes to prison and they are no longer in that house. The father is adamant that the courts will listen to what a 16 year old wants and not listen to what is right for our minor child to do which is to reside with me... THE BIOLOGICAL MOTHER. I am NOT an unfit parent at all and only allowed them to live with their father because of the school district as he is the primary parent.

The father says that it's what the children "want" and that the courts will listen. I just can't believe this! How can the courts give a step parent ANY rights to my children just because a 16 year old says so.

Any advice?

Thank you -

 

[cbg]

We ask for your state for a reason....

 

[mightymoose]

You can petition for custody at any time. Don't wait until the last minute.

 

[Unregistered]

State is Oregon

 

[army judge]

Sometimes a judge will grant legal custody
to a nonparent, usually a relative, such as a
grandparent or stepparent who has been living
with your child and providing day-to-day care on
a regular basis. Judges tend to award custody to
third parties only if the judge finds that there are
very good reasons not to give custody to the
natural parents.
A nonparent can request custody in your
divorce case, any other court case involving the
child's custody (such as guardianship, or where
juvenile court or the Child Welfare Program of
the Department of Human Services is involved),
or in a separate lawsuit. These are sometimes
called "psychological parent" cases. Usually, a
judge cannot award custody to a nonparent
unless that person has filed legal papers that ask
for custody. Because the law in this area is
complicated, it is a very good idea to talk to an
attorney for advice.

I suggest you consult an attorney IMMEDIATELY and determine how you can reclaim your parental rights.

The longer you wait, the more difficult it could become.